Nilesh Sopan Maghade And ANR v. The State Of Maharashtra And ORS

1 / 2 08-APL-1368-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1368 OF 2018 Nilesh Sopan Maghade & Anr.

... Applicants

Versus

State of Maharashtra & Ors.

... Respondents .....

Mr. Veerdhaval Kakade for Applicants.

Smt. S. D. Shinde, APP for State - Respondent No.1. Mr. Pandit Kasar for Respondent Nos.2 to 4.

CORAM : B. P. DHARMADHIKARI & SARANG V. KOTWAL, JJ.

DATE : 18th DECEMBER, 2018.

P.C. :

1.

Applicants are present with their Advocates. Respondent Nos.2, 3, and 4 are present with their Advocate. Parties are requesting jointly for quashing of FIR, vide CR No.63/18 and cross FIR No.61/18.

2.

Affidavit of Respondent Nos.2 to 4 accordingly presented today in Court, is taken on record. Nesarikar

2 / 2 08-APL-1368-18.odt 3.

Learned APP appearing for Respondent No.2 points out that Applicant No.1 Nilesh Sopan Maghade is absconding. The Counsel for Applicants point out that Nilesh and Jitendra both are present in Court. The Investigating Officer is not in a position to identify Nilesh.

4.

The offences are u/s 143, 147, 148, 149, 324, 504, 506 of the Indian Penal Code and section 307 of the Indian Penal Code has been added in FIR No.61/18.

5.

Admittedly, there are three more persons as accused and matter is not being settled with them.

6.

In this situation, we are not inclined to intervene in extra-ordinary jurisdiction. The Application therefore is rejected. (SARANG V. KOTWAL, J.) (B. P. DHARMADHIKARI, J.)